Casat v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit. Hon. F. T. Vaughan Circuit Judge. 1. There was no testimony to sustain the hypothesis that appellant made himself drunk for the purpose of killing Barnes or any one else. 1 Duval, (Ey.) 224. 2. The second instruction was misleading. Wharton’s Gr. Ev., see. 50, note 4. 3. The fourth instruction was erroneous, under the late and better American decisions, because First.
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APPEAL from Pulaski Circuit. Hon. F. T. Vaughan Circuit Judge. 1. There was no testimony to sustain the hypothesis that appellant made himself drunk for the purpose of killing Barnes or any one else. 1 Duval, (Ey.) 224. 2. The second instruction was misleading. Wharton’s Gr. Ev., see. 50, note 4. 3. The fourth instruction was erroneous, under the late and better American decisions, because First. If there was a reasonable doubt from the testimony as to whether appellant was in such condition of mind as to act with that deliberation which the law renders indispensible to constitute murder in…
1Opinion of the CourtSmith, J.
The defendant was charged by indictment with the murder of George E. Barnes; was convicted of murder in the first degree, and was condemned to be hanged. In his motion for a new trial, he complained of twenty-three errors which had occured at the trial to his prejudice. .Some of i hese exceptions are destitute of plausibility and have not been pressed in argument here.
I. Two of the assignments relate to the competency of • T 11 11 1 - -1-n .-r juror. It was alleged that before the trial hrancis J & had formed and expressed an opinion of the prisoner’s guilt. Ordinarily objections of this sort…
2Cases cited3 opinions
- State v. JohnsonSupreme Court of Connecticut · 1873
- Shannahan v. CommonwealthCourt of Appeals of Kentucky · 1871
- People v. RobinsonCourt Of Oyer And Terminer New York · 1854
3Cited by22 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- Byrd v. StateSupreme Court of Arkansas · 1905
- Commonwealth v. Wong ChungMassachusetts Supreme Judicial Court · 1904
- McElroy v. StateSupreme Court of Arkansas · 1911
- Downs v. StateSupreme Court of Arkansas · 1959
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